This is a compilation of the Administrative Appeals Tribunal Regulation 2015 that shows the text of the law as amended and in force on 2 July 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Commonwealth agency;

(b) enactment;

(c) proceeding;

(d) State;

(e) Tribunal.

In this instrument:

Act means the Administrative Appeals Tribunal Act 1975.

address for documents, for a person:

(a) means an address where documents for a proceeding may be posted to or left for the person (and which may also include a DX address, a fax number, an email address or another electronic address); and

(b) includes an address the person is taken to have provided under subsection 29(1A) of the Act.

approved form means a form approved under subsection 7(1).

document, for Part 5, includes a summons.

electronic communication has the same meaning as in the Electronic Transactions Act 1999.

government agency means:

(a) a Commonwealth agency; or

(b) a Department of State of the Commonwealth, or of a State; or

(c) a statutory office‑holder established under a law of the Commonwealth, or of a State, or under a Norfolk Island enactment; or

(d)any other entity established for a public purpose under a law of a State or under a Norfolk Island enactment.

small business taxation decision means a decision made:

(a) under a taxation law (within the meaning of the Income Tax Assessment Act 1997); and

(b) in relation to a small business entity (within the meaning of the Income Tax Assessment Act 1997).

(1) For subsection 67(1) of the Act, this section prescribes fees and allowances payable to a person in relation to compliance with the following summonses:

(a) a summons referred to in section 40A of the Act;

(b) a summons referred to in paragraph 363(3)(a) of the Migration Act 1958;

(c) a summons referred to in paragraph 427(3)(a) of the Migration Act 1958.

(2) Fees or allowances are not payable to a person who is a party to the proceeding, unless the Tribunal orders otherwise.

Fees and allowances for appearance

(3) The fee payable to a person who is summoned to appear before the Tribunal to give evidence is:

(a)if the person is remunerated in his or her occupation by wages, salary or fees—the amount of wages, salary or fees that are not paid to the person because the person attends the Tribunal; or

(b)in any other case—a reasonable amount for each day on which the person attends the Tribunal.

(4) The allowances payable to a person who is summoned to appear before the Tribunal to give evidence are:

(a) a reasonable amount for travel between the person’s usual place of employment or residence and the place where the person attends the Tribunal; and

(b) if the person is required to be absent overnight from the person’s usual place of residence—a reasonable amount for meals and accommodation.

(5)However, a person is not entitled to an allowance for travel, meals or accommodation if the person is given the equivalent in kind (such as access to pre‑paid travel, meals or accommodation).

Allowances for production of things

(6) For a summons referred to in section 40A of the Act, the allowances payable for a person who is summoned to produce something are the person’s reasonable expenses of producing the thing.

Tribunal may determine fees and allowances if amount not agreed

(7)If a person was summoned at the request of a party to the proceeding, the person may apply to the Tribunal for a determination of the amount of fees or allowances payable under subsection (3), (4) or (6) in relation to compliance with the summons, if the person and the payer cannot agree on the amount.

(8)A person is not excused from complying with a summons only because the person thinks that an amount paid to the person under this section is not sufficient.

(1) An applicant for review of a decision must give the Tribunal an address for documents when making the application.

Note: If the applicant does not do so, any address shown in the application or an address for documents later notified to the Tribunal is taken, under subsection 29(1A) of the Act, to be the applicant’s address for documents.

(2) Each other party to the proceeding (unless the proceeding is in the Social Services and Child Support Division) must give the Tribunal an address for documents within 28 days after being given notice of the application.

(3) A person who is not a party to the proceeding may give the Tribunal an address for documents.

(4) If a person wishes to change their address for documents, the person must tell the Tribunal about the change.

(5) This section does not apply in relation to a decision that is reviewable in the Migration and Refugee Division.

(1) For subsection 68(2) of the Act, this section prescribes the manner in which a document is to be given to a person for the purposes of a proceeding before the Tribunal.

Note: This section does not apply to the extent to which the Act or another enactment specifies how a document is to be given to a person for the purposes of a proceeding before the Tribunal (see subsection 68(3) of the Act).

(2) A document is to be given to the person:

(a) if the Tribunal has ordered that the document be given in a specified manner—in accordance with the order; or

(b) in accordance with subsections (3) to (7) as applicable.

Giving documents to a person with address for documents

(3)If a person has an address for documents, a document may be given to the person by:

(a)leaving the document in a sealed envelope addressed to the person at that address; or

(b) sending the document by pre‑paid post addressed to the person at that address; or

(c)sending the document to a DX address, fax number, email address or other electronic address included in the person’s address for documents.

Giving documents to individuals

(4)A document may be given to an individual by:

(a) handing the document to the individual; or

(b) putting the document down in the person’s presence and telling the individual the general nature of the document; or

(c) sending the document by pre‑paid post addressed to the individual to the last known address of the place of residence or business of the individual; or

(d) leaving the document in a sealed envelope addressed to the individual at the last known address of the place of residence or business of the individual.

Giving documents to corporations

(5)A document may be given to a corporation:

(a) by leaving the document in a sealed envelope addressed to the corporation at the head office, a registered office or a principal office of the corporation; or

(b) by sending the document by pre‑paid post addressed to the corporation to the head office, a registered office or a principal office of the corporation; or

(c)if the corporation is a company within the meaning of section 9 of the Corporations Act 2001—in any way allowed by section 109X of that Act; or

(d) in any other way that is allowed under:

(i) a law of the Commonwealth or of the State in which the document is to be given; or

(ii) a Norfolk Island enactment if the document is to be given in Norfolk Island.

Giving documents to government agencies

(6)A document may be given to a government agency by:

(a) sending the document by pre‑paid post addressed to the agency; or

(b) leaving the document in a sealed envelope addressed to the agency at an office of the agency.

Giving documents to unincorporated associations

(7)A document may be given to a person representing an unincorporated association by:

(a) sending the document by pre‑paid post addressed to the association; or

(b) leaving the document in a sealed envelope addressed to the association:

(i) at the association’s principal place of business or principal office; and

(ii) with a person who is apparently an officer of, or in the service of, the association.

(a) an application for review of a decision (other than an application referred to in subsection (1A) or (2) or section 22); or

(b) an application under subsection 28(1AC) of the Act; or

(c) an application under subsection 62(2) of the Freedom of Information Act 1982.

Note: The fee is indexed under section 27.

Lower application fee for small business taxation decisions

(1A) The fee of $500 is prescribed in respect of an application for review of a small business taxation decision (other than an application referred to in subsection (2)).

Note: The fee is indexed under section 27.

Lower application fee for certain other taxation decisions

(2) The fee of $91 is prescribed in respect of an application for review of a decision:

(a) that is a reviewable objection decision under Part IVC of the Taxation Administration Act 1953 and either:

(i) the application states that the amount that the applicant considers to be the amount of tax in dispute is less than $5,000; or

(ii) after the application is made, but before the start of the hearing of the application, the applicant notifies the Tribunal in writing that the amount that the applicant considers to be the amount of tax in dispute is less than $5,000; or

(b) that is a reviewable objection decision under Part IVC of the Taxation Administration Act 1953 which relates to an application made by the applicant under section 340‑5 of Schedule 1 to that Act; or

(c) that is a decision refusing a request for an extension of time within which to make a taxation objection under section 14ZX of the Taxation Administration Act 1953.

Note: The fee is indexed under section 27.

Fee in concessional circumstances

(3) However, the fee of $100 is prescribed instead of the amount referred to in subsection (1), (1A) or (2) if:

(a) the amount of the fee prescribed under subsection (1), (1A) or (2) is more than $100; and

(b) the circumstances in section 21 exist.

Note: The fees prescribed under subsections (1) and (2) are indexed under section 27.

For paragraphs 20(3)(b) and 25(1)(d), the circumstances are the following:

(a) the applicant has been granted legal aid, under a legal aid scheme or service established under Commonwealth or State law or approved by the Attorney‑General, for the matter to which the fee relates;

(b) the applicant is the holder of a concession card within the meaning of the Social Security Act 1991;

(c) the applicant is the holder of any other card issued by the Commonwealth that certifies entitlement to Commonwealth health concessions;

(d) the applicant is an inmate of a prison or is otherwise lawfully detained in a public institution;

(e) the applicant is a child under the age of 18 years;

(f) the applicant is in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991;

(g) the applicant is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme;

(h) the Registrar makes an order that, having regard to the applicant’s income, expenses, liabilities and assets, the Registrar considers that the payment of an amount would cause, or has caused, financial hardship to the applicant.

No fee is prescribed in respect of an application for review of a decision mentioned in the following table.

Decisions for which application fee is not payable

Item

Decision

1

A decision under paragraph 21(h) or section 23

2

A decision under each of the following provisions of the Aged Care Act 1997 that has been reconsidered under section 85‑4 or 85‑5 of that Act:

(a) subsection 22‑1(2);

(b) subsection 22‑2(1);

(c) subsection 22‑2(3);

(d) subsection 22‑2(4);

(e) paragraph 22‑5(2)(b);

(f) subsection 22‑5(3);

(g) subsection 23‑4(1)

3

A decision under the family assistance law within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 for which application is made for AAT first review or AAT second review within the meaning of that Act.

4

A decision referred to in section 89 of the Child Support (Registration and Collection) Act 1988 where the application is for AAT first review of the decision

5

A decision under a determination under section 58B of the Defence Act 1903

6

A decision of the Commonwealth Superannuation Corporation reviewable under section 99 of the Defence Force Retirement and Death Benefits Act 1973

7

A decision under the Defence Service Homes Act 1918

8

A decision under Part III of the Disability Services Act 1986

9

A decision reviewable under the Freedom of Information Act 1982, being a decision made in relation to a document that relates to a decision specified in items 2 to 21

10

A decision under the Military Rehabilitation and Compensation Act 2004 (including a decision under the Motor Vehicle Compensation Scheme determined under section 212 of that Act)

11

A decision under the National Disability Insurance Scheme Act 2013

12

A decision under the Paid Parental Leave Act 2010 where the application is for AAT first review of the decision

13

A decision under the Papua New Guinea (Staffing Assistance) Act 1973

14

A decision under the Safety, Rehabilitation and Compensation Act 1988

14A

A decision under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988

15

A decision under the Seafarers Rehabilitation and Compensation Act 1992

16

A decision under the social security law within the meaning of the Social Security Act 1991 (whether the application is for AAT first review or AAT second review of the decision)

17

A decision under section 33 of the Social Services Act 1980 of Norfolk Island

18

A decision under the Student Assistance Act 1973 other than a decision under Division 6 of Part 4A of that Act (whether the application is for AAT first review or AAT second review of the decision)

19

A decision under the Superannuation Act 1976

20

A decision under the Veterans’ Entitlements Act 1986

21

A decision under a legislative instrument under the Veterans’ Entitlements Act 1986

Note: Item 3 does not cover a decision under the family assistance law within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 for which application is made for AAT single review within the meaning of that Act.

(1) The Registrar may order that only one prescribed fee is payable in respect of 2 or more applications if:

(a) apart from this subsection, the same prescribed fee would be payable in respect of each of the applications; and

(b) the applications relate to the same applicant; and

(c) in the opinion of the Registrar, the applications may be conveniently heard before the Tribunal at the same time.

(2) The Registrar may order that only one prescribed fee is payable in respect of 2 or more applications if:

(a) apart from this subsection, a different prescribed fee would be payable in respect of at least one of the applications; and

(b) the applications relate to the same applicant; and

(c) in the opinion of the Registrar, the applications may be conveniently heard before the Tribunal at the same time.

(3) The prescribed fee specified in an order made under subsection (2) must be:

(a) unless paragraph (b) applies—equal to the highest prescribed fee that would, apart from subsection (2), be payable in respect of any of the applications; or

(b) if one of the applications is for review of a small business taxation decision—equal to the prescribed fee that would be payable in respect of an application for review of a small business taxation decision to which subsection 20(2) did not apply.

(1) On each 1 July (an indexation day), the dollar amounts mentioned in subsections 20(1), (1A) and (2) are each replaced by an amount worked out using the following formula:

(2) The indexation factor for an indexation day is the number worked out using the following formula:

where:

base quarter means the March quarter ending 1 year before the reference quarter ends.

index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.

March quarter means a period of 3 months ending on 31 March.

reference quarter means the March quarter immediately before the indexation day.

(3) An indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

(4) Amounts worked out under subsection (1) are to be rounded to the nearest whole dollar (rounding 50 cents upwards).

(5) An indexation factor that is less than 1 is to be increased to 1.

(6) Calculations under subsection (2):

(a) are to be made using only the index numbers published in terms of the most recently published index reference period; and

(b) are to be made disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

Regulations 19 and 19AA of the Administrative Appeals Tribunal Regulations 1976 continue to apply for the purposes of working out a refund amount for an application lodged before 1 November 2010, despite the repeal of those regulations by this instrument.

A person taken to hold office as a member of the Tribunal for a term of appointment under item 5 of Schedule 9 to the Tribunals Amalgamation Act 2015 is taken to have complied with section 10B of the Act for the purposes of that term.

For the purposes of the operation of an enactment on or after 1 July 2015, a reference to a decision made or other thing done by or in relation to a Division of the Tribunal referred to in column 2 of the table in item 15BC of Schedule 9 to the Tribunals Amalgamation Act 2015 is taken to include a reference to the Division referred to in column 1 of the table.

Despite the amendments of section 20 made by Schedule 1 to the Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018, that section, as in force immediately before the commencement of that Schedule, continues to apply in relation to an application made before 1 July 2018.

The amendments made by the Administrative Appeals Tribunal Amendment (Family Assistance Law Review Fees) Regulations 2019 apply in relation to an application to the Tribunal made on or after the day this section commences for review of a decision under the family assistance law within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999.

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.